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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB2169
Introduced 2/26/2007, by Rep. Michael J. Madigan - Barbara Flynn Currie - Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/21 |
from Ch. 111 1/2, par. 1021 |
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Amends the Environmental Protection Act. Makes a technical change in a Section concerning acts prohibited under the Act.
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A BILL FOR
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by |
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| changing Section 21 as follows:
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| (415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
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| Sec. 21. Prohibited acts. No person shall:
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| (a) Cause or allow the
the open dumping of any waste. |
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| (b) Abandon, dump, or deposit any waste upon the public |
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| highways or
other public property, except in a sanitary |
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| landfill approved by the
Agency pursuant to regulations adopted |
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| by the Board.
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| (c) Abandon any vehicle in violation of the "Abandoned |
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| Vehicles
Amendment to the Illinois Vehicle Code", as enacted by |
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| the 76th General
Assembly.
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| (d) Conduct any waste-storage, waste-treatment, or |
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| waste-disposal
operation:
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| (1) without a permit granted by the Agency or in |
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| violation of any
conditions imposed by such permit, |
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| including periodic reports and full
access to adequate |
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| records and the inspection of facilities, as may be
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| necessary to assure compliance with this Act and with |
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| regulations and
standards adopted thereunder; provided, |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| however, that, except for municipal
solid waste landfill |
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| units that receive waste on or after October 9, 1993,
no |
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| permit shall be
required for (i) any person conducting a |
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| waste-storage, waste-treatment, or
waste-disposal |
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| operation for wastes generated by such person's own
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| activities which are stored, treated, or disposed within |
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| the site where
such wastes are generated, or (ii)
a |
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| facility located in a county with a
population over 700,000 |
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| as of January 1, 2000, operated and located in accordance |
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| with
Section 22.38 of this Act, and used exclusively for |
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| the transfer, storage, or
treatment of general |
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| construction or demolition debris;
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| (2) in violation of any regulations or standards |
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| adopted by the
Board under this Act; or
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| (3) which receives waste after August 31, 1988, does |
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| not have a permit
issued by the Agency, and is (i) a |
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| landfill used exclusively for the
disposal of waste |
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| generated at the site, (ii) a surface impoundment
receiving |
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| special waste not listed in an NPDES permit, (iii) a waste |
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| pile
in which the total volume of waste is greater than 100 |
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| cubic yards or the
waste is stored for over one year, or |
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| (iv) a land treatment facility
receiving special waste |
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| generated at the site; without giving notice of the
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| operation to the Agency by January 1, 1989, or 30 days |
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| after the date on
which the operation commences, whichever |
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| is later, and every 3 years
thereafter. The form for such |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| notification shall be specified by the
Agency, and shall be |
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| limited to information regarding: the name and address
of |
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| the location of the operation; the type of operation; the |
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| types and
amounts of waste stored, treated or disposed of |
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| on an annual basis; the
remaining capacity of the |
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| operation; and the remaining expected life of
the |
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| operation.
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| Item (3) of this subsection (d) shall not apply to any |
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| person
engaged in agricultural activity who is disposing of a |
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| substance that
constitutes solid waste, if the substance was |
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| acquired for use by that
person on his own property, and the |
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| substance is disposed of on his own
property in accordance with |
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| regulations or standards adopted by the Board.
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| This subsection (d) shall not apply to hazardous waste.
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| (e) Dispose, treat, store or abandon any waste, or |
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| transport any waste
into this State for disposal, treatment, |
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| storage or abandonment, except at
a site or facility which |
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| meets the requirements of this Act and of
regulations and |
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| standards thereunder.
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| (f) Conduct any hazardous waste-storage, hazardous |
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| waste-treatment or
hazardous waste-disposal operation:
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| (1) without a RCRA permit for the site issued by the |
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| Agency under
subsection (d) of Section 39 of this Act, or |
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| in violation of any condition
imposed by such permit, |
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| including periodic reports and full access to
adequate |
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| records and the inspection of facilities, as may be |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| necessary to
assure compliance with this Act and with |
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| regulations and standards adopted
thereunder; or
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| (2) in violation of any regulations or standards |
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| adopted by the Board
under this Act; or
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| (3) in violation of any RCRA permit filing requirement |
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| established under
standards adopted by the Board under this |
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| Act; or
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| (4) in violation of any order adopted by the Board |
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| under this Act.
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| Notwithstanding the above, no RCRA permit shall be required |
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| under this
subsection or subsection (d) of Section 39 of this |
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| Act for any
person engaged in agricultural activity who is |
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| disposing of a substance
which has been identified as a |
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| hazardous waste, and which has been
designated by Board |
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| regulations as being subject to this exception, if the
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| substance was acquired for use by that person on his own |
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| property and the
substance is disposed of on his own property |
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| in accordance with regulations
or standards adopted by the |
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| Board.
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| (g) Conduct any hazardous waste-transportation operation:
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| (1) without registering with and obtaining a permit |
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| from the Agency in
accordance with the Uniform Program |
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| implemented under subsection (l-5) of
Section 22.2; or
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| (2) in violation of any regulations or standards |
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| adopted by
the
Board under this Act.
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| (h) Conduct any hazardous waste-recycling or hazardous |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| waste-reclamation
or hazardous waste-reuse operation in |
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| violation of any regulations, standards
or permit requirements |
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| adopted by the Board under this Act.
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| (i) Conduct any process or engage in any act which produces |
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| hazardous
waste in violation of any regulations or standards |
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| adopted by the Board
under subsections (a) and (c) of Section |
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| 22.4 of this Act.
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| (j) Conduct any special waste transportation operation in |
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| violation
of any regulations, standards or permit requirements |
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| adopted by the Board
under this Act. However, sludge from a |
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| water or sewage treatment plant
owned and operated by a unit of |
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| local government which (1) is subject to a
sludge management |
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| plan approved by the Agency or a permit granted by the
Agency, |
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| and (2) has been tested and determined not to be a hazardous |
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| waste
as required by applicable State and federal laws and |
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| regulations, may be
transported in this State without a special |
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| waste hauling permit, and the
preparation and carrying of a |
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| manifest shall not be required for such
sludge under the rules |
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| of the Pollution Control Board. The unit of local
government |
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| which operates the treatment plant producing such sludge shall
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| file a semiannual report with the Agency identifying the volume |
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| of such
sludge transported during the reporting period, the |
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| hauler of the sludge,
and the disposal sites to which it was |
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| transported. This subsection (j)
shall not apply to hazardous |
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| waste.
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| (k) Fail or refuse to pay any fee imposed under this Act.
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| (l) Locate a hazardous waste disposal site above an active |
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| or
inactive shaft or tunneled mine or within 2 miles of an |
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| active fault in
the earth's crust. In counties of population |
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| less than 225,000 no
hazardous waste disposal site shall be |
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| located (1) within 1 1/2 miles of
the corporate limits as |
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| defined on June 30, 1978, of any municipality
without the |
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| approval of the governing body of the municipality in an
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| official action; or (2) within 1000 feet of an existing private |
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| well or
the existing source of a public water supply measured |
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| from the boundary
of the actual active permitted site and |
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| excluding existing private wells
on the property of the permit |
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| applicant. The provisions of this
subsection do not apply to |
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| publicly-owned sewage works or the disposal
or utilization of |
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| sludge from publicly-owned sewage works.
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| (m) Transfer interest in any land which has been used as a
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| hazardous waste disposal site without written notification to |
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| the Agency
of the transfer and to the transferee of the |
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| conditions imposed by the Agency
upon its use under subsection |
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| (g) of Section 39.
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| (n) Use any land which has been used as a hazardous waste
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| disposal site except in compliance with conditions imposed by |
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| the Agency
under subsection (g) of Section 39.
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| (o) Conduct a sanitary landfill operation which is required |
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| to have a
permit under subsection (d) of this Section, in a |
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| manner which results in
any of the following conditions:
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| (1) refuse in standing or flowing waters;
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| (2) leachate flows entering waters of the State;
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| (3) leachate flows exiting the landfill confines (as |
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| determined by the
boundaries established for the landfill |
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| by a permit issued by the Agency);
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| (4) open burning of refuse in violation of Section 9 of |
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| this Act;
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| (5) uncovered refuse remaining from any previous |
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| operating day or at the
conclusion of any operating day, |
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| unless authorized by permit;
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| (6) failure to provide final cover within time limits |
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| established by
Board regulations;
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| (7) acceptance of wastes without necessary permits;
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| (8) scavenging as defined by Board regulations;
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| (9) deposition of refuse in any unpermitted portion of |
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| the landfill;
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| (10) acceptance of a special waste without a required |
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| manifest;
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| (11) failure to submit reports required by permits or |
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| Board regulations;
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| (12) failure to collect and contain litter from the |
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| site by the end of
each operating day;
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| (13) failure to submit any cost estimate for the site |
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| or any performance
bond or other security for the site as |
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| required by this Act or Board rules.
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| The prohibitions specified in this subsection (o) shall be |
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| enforceable by
the Agency either by administrative citation |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| under Section 31.1 of this Act
or as otherwise provided by this |
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| Act. The specific prohibitions in this
subsection do not limit |
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| the power of the Board to establish regulations
or standards |
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| applicable to sanitary landfills.
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| (p) In violation of subdivision (a) of this Section, cause |
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| or allow the
open dumping of any waste in a manner which |
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| results in any of the following
occurrences at the dump site:
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| (1) litter;
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| (2) scavenging;
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| (3) open burning;
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| (4) deposition of waste in standing or flowing waters;
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| (5) proliferation of disease vectors;
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| (6) standing or flowing liquid discharge from the dump |
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| site;
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| (7) deposition of:
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| (i) general construction or demolition debris as |
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| defined in Section
3.160(a) of this Act; or
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| (ii) clean construction or demolition debris as |
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| defined in Section
3.160(b) of this Act.
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| The prohibitions specified in this subsection (p) shall be
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| enforceable by the Agency either by administrative citation |
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| under Section
31.1 of this Act or as otherwise provided by this |
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| Act. The specific
prohibitions in this subsection do not limit |
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| the power of the Board to
establish regulations or standards |
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| applicable to open dumping.
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| (q) Conduct a landscape waste composting operation without |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| an Agency
permit, provided, however, that no permit shall be |
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| required for any person:
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| (1) conducting a landscape waste composting operation |
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| for landscape
wastes generated by such person's own |
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| activities which are stored, treated
or disposed of within |
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| the site where such wastes are generated; or
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| (2) applying landscape waste or composted landscape |
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| waste at agronomic
rates; or
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| (3) operating a landscape waste composting facility on |
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| a farm, if the
facility meets all of the following |
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| criteria:
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| (A) the composting facility is operated by the |
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| farmer on property on
which the composting material is |
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| utilized, and the composting facility
constitutes no |
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| more than 2% of the property's total acreage, except |
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| that
the Agency may allow a higher percentage for |
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| individual sites where the owner
or operator has |
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| demonstrated to the Agency that the site's soil
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| characteristics or crop needs require a higher rate;
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| (B) the property on which the composting facility |
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| is located, and any
associated property on which the |
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| compost is used, is principally and
diligently devoted |
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| to the production of agricultural crops and
is not |
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| owned, leased or otherwise controlled by any waste |
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| hauler
or generator of nonagricultural compost |
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| materials, and the operator of the
composting facility |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| is not an employee, partner, shareholder, or in any way
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| connected with or controlled by any such waste hauler |
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| or generator;
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| (C) all compost generated by the composting |
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| facility is applied at
agronomic rates and used as |
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| mulch, fertilizer or soil conditioner on land
actually |
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| farmed by the person operating the composting |
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| facility, and the
finished compost is not stored at the |
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| composting site for a period longer
than 18 months |
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| prior to its application as mulch, fertilizer, or soil |
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| conditioner;
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| (D) the owner or operator, by January 1, 1990 (or |
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| the January 1
following commencement of operation, |
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| whichever is later) and January 1 of
each year |
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| thereafter, (i) registers the site with the Agency, |
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| (ii) reports
to the Agency on the volume of composting |
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| material received and used at the
site, (iii) certifies |
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| to the Agency that the site complies with the
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| requirements set forth in subparagraphs (A), (B) and |
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| (C) of this paragraph
(q)(3), and (iv) certifies to the |
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| Agency that all composting material was
placed more |
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| than 200 feet from the nearest potable water supply |
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| well, was
placed outside the boundary of the 10-year |
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| floodplain or on a part of the
site that is |
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| floodproofed, was placed at least 1/4 mile from the |
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| nearest
residence (other than a residence located on |
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LRB095 01174 CMK 21176 b |
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| the same property as the
facility) and there are not |
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| more than 10 occupied non-farm residences
within 1/2 |
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| mile of the boundaries of the site on the date of |
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| application,
and was placed more than 5 feet above the |
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| water table.
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| For the purposes of this subsection (q), "agronomic rates" |
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| means the
application of not more than 20 tons per acre per |
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| year, except that the
Agency may allow a higher rate for |
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| individual sites where the owner or
operator has demonstrated |
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| to the Agency that the site's soil
characteristics or crop |
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| needs require a higher rate.
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| (r) Cause or allow the storage or disposal of coal |
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| combustion
waste unless:
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| (1) such waste is stored or disposed of at a site or
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| facility for which
a permit has been obtained or is not |
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| otherwise required under subsection
(d) of this Section; or
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| (2) such waste is stored or disposed of as a part of
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| the design and
reclamation of a site or facility which is |
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| an abandoned mine site in
accordance with the Abandoned |
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| Mined Lands and Water Reclamation Act; or
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| (3) such waste is stored or disposed of at a site or
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| facility which is
operating under NPDES and Subtitle D |
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| permits issued by the Agency pursuant
to regulations |
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| adopted by the Board for mine-related water pollution and
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| permits issued pursuant to the Federal Surface Mining |
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| Control and
Reclamation Act of 1977 (P.L. 95-87) or the |
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LRB095 01174 CMK 21176 b |
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| rules and regulations
thereunder or any law or rule or |
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| regulation adopted by the State of
Illinois pursuant |
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| thereto, and the owner or operator of the facility agrees
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| to accept the waste; and either
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| (i) such waste is stored or disposed of in |
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| accordance
with requirements
applicable to refuse |
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| disposal under regulations adopted by the Board for
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| mine-related water pollution and pursuant to NPDES and |
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| Subtitle D permits
issued by the Agency under such |
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| regulations; or
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| (ii) the owner or operator of the facility |
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| demonstrates all of the
following to the Agency, and |
13 |
| the facility is operated in accordance with
the |
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| demonstration as approved by the Agency: (1) the |
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| disposal area will be
covered in a manner that will |
16 |
| support continuous vegetation, (2) the
facility will |
17 |
| be adequately protected from wind and water erosion, |
18 |
| (3) the
pH will be maintained so as to prevent |
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| excessive leaching of metal ions,
and (4) adequate |
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| containment or other measures will be provided to |
21 |
| protect
surface water and groundwater from |
22 |
| contamination at levels prohibited by
this Act, the |
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| Illinois Groundwater Protection Act, or regulations |
24 |
| adopted
pursuant thereto.
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| Notwithstanding any other provision of this Title, the |
26 |
| disposal of coal
combustion waste pursuant to item (2) or (3) |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| of this
subdivision (r) shall
be exempt from the other |
2 |
| provisions of this Title V, and notwithstanding
the provisions |
3 |
| of Title X of this Act, the Agency is authorized to grant
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| experimental permits which include provision for the disposal |
5 |
| of
wastes from the combustion of coal and other materials |
6 |
| pursuant to items
(2) and (3) of this subdivision (r).
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| (s) After April 1, 1989, offer for transportation, |
8 |
| transport, deliver,
receive or accept special waste for which a |
9 |
| manifest is required, unless
the manifest indicates that the |
10 |
| fee required under Section 22.8 of this
Act has been paid.
|
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| (t) Cause or allow a lateral expansion of a municipal solid |
12 |
| waste landfill
unit on or after October 9, 1993, without a |
13 |
| permit modification, granted by the
Agency, that authorizes the |
14 |
| lateral expansion.
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15 |
| (u) Conduct any vegetable by-product treatment, storage, |
16 |
| disposal or
transportation operation in violation of any |
17 |
| regulation, standards or permit
requirements adopted by the |
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| Board under this Act. However, no permit shall be
required |
19 |
| under this Title V for the land application of vegetable |
20 |
| by-products
conducted pursuant to Agency permit issued under |
21 |
| Title III of this Act to
the generator of the vegetable |
22 |
| by-products. In addition, vegetable by-products
may be |
23 |
| transported in this State without a special waste hauling |
24 |
| permit, and
without the preparation and carrying of a manifest.
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| (v) (Blank).
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| (w) Conduct any generation, transportation, or recycling |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| of construction or
demolition debris, clean or general, or |
2 |
| uncontaminated soil generated during
construction, remodeling, |
3 |
| repair, and demolition of utilities, structures, and
roads that |
4 |
| is not commingled with any waste, without the maintenance of
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5 |
| documentation identifying the hauler, generator, place of |
6 |
| origin of the debris
or soil, the weight or volume of the |
7 |
| debris or soil, and the location, owner,
and operator of the |
8 |
| facility where the debris or soil was transferred,
disposed, |
9 |
| recycled, or treated. This documentation must be maintained by |
10 |
| the
generator, transporter, or recycler for 3 years.
This |
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| subsection (w) shall not apply to (1) a permitted pollution |
12 |
| control
facility that transfers or accepts construction or |
13 |
| demolition debris,
clean or general, or uncontaminated soil for |
14 |
| final disposal, recycling, or
treatment, (2) a public utility |
15 |
| (as that term is defined in the Public
Utilities Act) or a |
16 |
| municipal utility, (3) the Illinois Department of
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17 |
| Transportation, or (4) a municipality or a county highway |
18 |
| department, with
the exception of any municipality or county |
19 |
| highway department located within a
county having a population |
20 |
| of over 3,000,000 inhabitants or located in a county
that
is |
21 |
| contiguous to a county having a population of over 3,000,000 |
22 |
| inhabitants;
but it shall apply to an entity that contracts |
23 |
| with a public utility, a
municipal utility, the Illinois |
24 |
| Department of Transportation, or a
municipality or a county |
25 |
| highway department.
The terms
"generation" and "recycling" as
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26 |
| used in this subsection do not
apply to clean construction or |
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HB2169 |
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LRB095 01174 CMK 21176 b |
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| demolition debris
when (i) used as fill material below grade |
2 |
| outside of a setback zone
if covered by sufficient |
3 |
| uncontaminated soil to support vegetation within 30
days of the |
4 |
| completion of filling or if covered by a road or structure, |
5 |
| (ii)
solely broken concrete without
protruding metal bars is |
6 |
| used for erosion control, or (iii) milled
asphalt or crushed |
7 |
| concrete is used as aggregate in construction of the
shoulder |
8 |
| of a roadway. The terms "generation" and "recycling", as used |
9 |
| in this
subsection, do not apply to uncontaminated soil
that is |
10 |
| not commingled with any waste when (i) used as fill material |
11 |
| below
grade or contoured to grade, or (ii) used at the site of |
12 |
| generation.
|
13 |
| (Source: P.A. 93-179, eff. 7-11-03; 94-94, eff. 7-1-05.)
|